Booking Conditions for Tailor Made Holidays
These conditions are construed in accordance with English Law and are subject to the sole jurisdiction of the Courts of England and Wales.
1. Paying for your holiday
(i) The procedure for making a booking is shown in your itinerary quotation. All bookings are subject to these terms and conditions and by asking us to confirm your booking, and by paying a deposit, the person who makes the booking is taken to have accepted these booking conditions on behalf of all persons named on the booking. Once we have received the applicable payment(s) due at the time of booking (see below), we will, subject to availability of the requested arrangements, send you an invoice. It is at the point when we issue this to you that a valid contract will come into existence between us. Please check your confirmation/invoice and all tickets/documents carefully as soon as you receive them and contact us immediately if you think any details are incorrect. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
(ii) The deposit is part payment of the holiday. The deposit required will be shown on the quotation page of your itinerary. In addition to the deposit, full or part payment of certain elements of your holiday (such as flights) may be required at the time booking or at some point between booking and balance due date. The deposit and all such additional payments are nonrefundable except as set out in clause 4. The balance must be paid not later than the date specified on the invoice. This is normally no less than 8 weeks before the departure date. However, there are a few destinations or trip components that require payment no less than 90 days before the departure date which will be specified on your invoice and quotation. Please note if we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all amounts paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 3 depending on the date we reasonably treat your booking as cancelled.
(iii) Full payment is required at the time of booking for all bookings made after balance due date as above.
(iv) On occasions, we may be asked by suppliers to make payment to them earlier than normal. Such requests may, for example, be made in order to secure accommodation and other services during periods of peak demand. Whilst suppliers may have no contractual right to make such requests, failure to comply with them may result in the loss of confirmed arrangements. Where this situation arises, we reserve the right to ask you to make payment of the requested sum within a stipulated period and prior to balance due date. We will of course endeavour to avoid doing so if we can. Any such early payment will be non-refundable except as set out in clause 4.
2. Your Financial Protection
(i) When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
(ii) We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer if applicable).
(iii) If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative), for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the nonprovision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
3. If you change your holiday
If, after the contract between us has come into existence, you want to change your holiday we will do our best to pass your request to the relevant supplier, however we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred including any costs imposed or incurred by any of our suppliers, and including for example cancellation charges that may be incurred for sectors cancelled. You should note, for example, that a change of name on or other alteration to an airline ticket will usually incur a 100% cancellation charge and a full re-booking fee.
4. If you cancel your holiday
If you have to cancel part of the booking or cancel the entire booking once it has been confirmed by us, written notification must be sent to us by recorded delivery post or by email. As proof of receipt by email of your notification to cancel you must receive and retain written acknowledgement from us. Charges will be applied from the date the letter is received, or the email is acknowledged by us according to the scale below. The charges are applied as a percentage of the total holiday cost excluding any amendment charges and any amounts paid in addition to the deposit at the time of booking or before balance due date (see clauses 1(ii) and I(iv)) which are non-refundable in the event of cancellation.
The following cancellation charges apply if your final balance due date is 8 weeks prior to departure. Please note, different cancellation charges apply in relation to certain products – please see your proposal for details.
|Period before departure date within which written cancellation notice is received by Temple World||Cancellation charge payable as a percentage of the total (including deposit paid)|
|Up to balance due date||Deposit only|
|Balance due date—43 days||30%|
|Within 14 days||100%|
5. Alterations or cancellations by you after commencement of travel
We will do our best to implement any changes to your arrangements that you request once they have commenced, but we cannot guarantee this will be possible. In the event of such amendments being made, you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves. As a basic principle, no refunds will be paid to clients who do not complete a tour. However where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this on to you, less any reasonable administration charges.
THE IMPORTANCE OF TRAVEL INSURANCE
If you have taken out holiday insurance you may, depending on the detail of your policy, be able to recover the cancellation charges; check your policy for details. It is your responsibility to ensure you are adequately covered by insurance for all elements of your trip. Please read your policy and take it on holiday with you.
6 . If we change your holiday
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in itineraries and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after balance due date where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of ‘force majeure’ as defined in clause 5 below. We will not cancel after this date for any other reason.
Most changes are minor. Occasionally, we have to make a ‘significant change’. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away*, a change of accommodation area for the whole or a major part of the time you are away, a change of UK outward departure time or overall length of time you are away of twelve or more hours, or a change of UK departure airport to one which is more inconvenient for you (except as between Gatwick and Heathrow).
*Please note: A change affecting a stay in a hotel during a tour where the hotel itself is not the focus of the tour, does not constitute a significant change.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. Please note: Due to the original and individual nature of our holidays it frequently may not be possible to offer you a comparable holiday to that originally booked.
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
You must advise us of your decision within 7 days of the date on which we notified you of the significant change or cancellation. Please note, the above options are not available where any change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to the point where your holiday arrangements with us commenced. If we are forced by ‘force majeure’ (see clause 5) to change or terminate your holiday after departure but before the scheduled end of your time away, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result except as set out above.
7. Force majeure
Except as set out in these terms and conditions, we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage (as more fully described in clause 7 (i) below) as a result of circumstances amounting to ‘force majeure’. In these terms and conditions ‘force majeure’ means any event or circumstances which we or the supplier of the services in question could not foresee or avoid even with all due care. Such events and circumstances may include, whether actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity, industrial action, natural or nuclear activity, epidemics/pandemics, adverse weather conditions, fire and all similar events outside our control.
Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports change.
Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 4 ‘If we change your holiday’. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where applicable. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
We reserve the right to make changes to and correct errors in quoted prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Please note that we do not provide or arrange excursions other than those listed in your itinerary and forming part of the arrangements booked and paid for in the UK. Our local representatives or guides may put you in touch with local organisers of excursions if you request but we can have no liability for such excursions, as your contract for such excursions will be with a local company providing the services and not with us.
The flight details shown in your itinerary quotation are for guidance only and are subject to change. Final details will be confirmed on your travel documentation, sent approximately 14 days prior to departure. The times shown on all tickets are local times and check in for both outward and return flights is at least 3 hours prior to the departure times on the travel documents. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://europa.eu.int/ comm/transport/air/safety/ flywell_en.htm. In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier (s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 4 will apply. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
We can accept no responsibility if you arrive late for the check in and miss your flight as a result nor can we accept responsibility for any loss by you of your holiday/flight travel tickets, vouchers or coupons.
Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that minor carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in the computers of intercontinental carriers differ from those actually flown by smaller local carriers. We advise you that it is your responsibility to be meticulous in locally reconfirming directly with the carrier operating the flight. We accept no liability for the consequences of flights missed owing to the passenger’s failure to reconfirm.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules, you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk
11. Your Responsibility
You undertake to behave with propriety and in such a manner as in no way causes or is likely to cause distress, danger or annoyance to other clients and/or any third party or damage to property. If, in the view of ourselves, our employees, agents or suppliers, you are in breach of this clause, we reserve the right to terminate your contract and neither we nor the providers of any of the services in question will have any further contractual obligations to you either in respect of covering any expenses, paying any compensation or refunds, or arranging for your return home.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
You must ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travellers cheques are in order and valid for travel. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. We are able to give general advice on these matters for British citizens holding a British passport. However, non-British citizens and non-British passport holders should check with their embassy or consulate vis-a-vis current requirements.
If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
The name on your airline tickets must be the name that appears on your full passport.
Please note that if you believe that we have stated orally that a particular facility or service should be available, but is not in the brochure or in writing from us, please make reference to it on the booking form so that we may confirm it to you when accepting your booking.
Should you have any complaints about any aspect of your holiday arrangements, you must inform our local representative or tour leader immediately and the supplier of the arrangements concerned. Problems can most easily be dealt with on the spot. Please note, if you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then we cannot accept any liability in respect of that problem or complaint. It is sensible to expect a client travelling in the developing world to be reasonably resourceful if things go wrong. If you experience any difficulties, contact us in the UK on our 24 hour emergency telephone service. The number will be found on your pre-departure information and with your tickets. In the unlikely event that an acceptable solution cannot be found, you should then write to us within 28 days of your return with full details of your complaint. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
If we cannot reach an amicable solution to any dispute you do have the right to refer the dispute to the Association of Independent Tour Operators which operates an Independent Dispute Service (details on request) for resolution of the dispute by a mediator provided the claim does not involve personal accident, injury or illness.